Editorial: Conflict of interest inexcusable

Tuesday, July 31, 2001 | 9:19 a.m.

It is outrageous that the U.S. Department of Energy's Yucca Mountain Project has retained as its legal counsel the same law firm that for six years has been a lobbyist for the nuclear power industry. The DOE by law is supposed to be making an unbiased, independent assessment to see if Yucca Mountain is safe to bury 77,000 tons of nuclear waste. It should have been patently obvious to the DOE that it was unethical to hire a firm that also was advocating that the dump should be built. How could a law firm possibly be trusted to provide untainted advice and alert the agency to possible flaws in the project at the same time it was representing a client that has such a huge interest in the outcome of this matter? But then again this is the same department that has been notorious for its lack of scientific rigor and that often does the bidding of the nuclear pow er industry.

As the Sun's Benjamin Grove and Mary Manning reported Sunday, the DOE in 1999 needed outside legal expertise to help it prepare a license application for the Nuclear Regulatory Commission if Yucca Mountain eventually was found suitable. The DOE awarded a $16.5 million contract to Winston & Strawn, one of the nation's biggest law firms. It just so happens, however, that Winston & Strawn also were lobbyists for the Nuclear Energy Institute, the nuclear power industry's principal trade group that vigorously has sought the construction of a nuclear waste repository in Nevada. Winston & Strawn suddenly ended its representation for the industry on July 11, according to congressional records. Not so coincidentally the severing of ties happened shortly after the Sun had started digging into the relationship and had sought comment from the law firm.

Now that Winston & Strawn's conflict of interest has been exposed, what should be done? For starters, the firm should no longer be allowed to do work for the DOE on the Yucca Mountain Project. For that matter, this latest example of bias demonstrates why this project should have been dismantled some time ago. Over the years DOE officials have told residents of Nevada not to worry, that they should trust that the agency will do a fair and impartial job regarding Yucca Mountain. Despite their proclamations of propriety, the department has proved time and again that it can't be trusted. The hiring of Winston & Strawn shows yet again that the DOE doesn't give a whit about protecting the health and safety of this area's residents.